BILL NUMBER: AB 1173	CHAPTERED  09/11/00

	CHAPTER   373
	FILED WITH SECRETARY OF STATE   SEPTEMBER 11, 2000
	APPROVED BY GOVERNOR   SEPTEMBER 8, 2000
	PASSED THE ASSEMBLY   AUGUST 23, 2000
	PASSED THE SENATE   JULY 6, 2000
	AMENDED IN SENATE   APRIL 11, 2000
	AMENDED IN SENATE   MARCH 22, 2000
	AMENDED IN ASSEMBLY   JANUARY 3, 2000
	AMENDED IN ASSEMBLY   APRIL 27, 1999
	AMENDED IN ASSEMBLY   APRIL 15, 1999

INTRODUCED BY   Assembly Member Frusetta

                        FEBRUARY 25, 1999

   An act to amend Section 4301 of the Fish and Game Code, and to
amend Sections 18943, 18946, 18947, 18991, 19000, 19001, 19013,
19016, 19020, and 19501 of, and to add Section 18963 to, the Food and
Agricultural Code, relating to meat.



	LEGISLATIVE COUNSEL'S DIGEST


   AB 1173, Frusetta.  Fallow deer meat.
   (1) Under existing law, it is unlawful to sell or purchase, or
transport for the purpose of sale, any deer meat in this state unless
imported, as prescribed.  Cattle and other enumerated animals may be
slaughtered, as provided.  Any person engaged in raising any
domesticated game mammal that normally exists in the wild in this
state is required to obtain a domesticated game breeder's license.
   This bill would provide that fallow deer may be slaughtered and
prepared for transportation or sale, or transportation and sale under
existing provisions of law currently applicable to cattle and other
specified animals.
   The bill would revise the definitions of "livestock," "custom
livestock slaughterhouse," and "meat processing establishment" to
include fallow deer, as prescribed, for the purposes of the
California Meat and Poultry Inspection Act and the California Meat
and Poultry Supplemental Inspection Act.  Because a violation of
these acts is a misdemeanor, the bill would expand the scope of
existing crimes, thereby imposing a state-mandated local program.
   The bill also would require a licensed livestock meat inspector
under the provisions of the California Meat and Poultry Supplemental
Inspection Act, after inspecting a meat processing establishment, to
stamp passed carcasses and parts of this animal slaughtered and
prepared for transportation or sale with an approved mark of
inspection.
   The bill also would make a conforming change.
   (2) This bill would require the Department of Food and
Agriculture, in consultation with the State Department of Health
Services, on or before December 31, 2001, to adopt by regulation
specified standards and requirements and prohibit any custom
livestock slaughterhouse or meat processing establishment from
obtaining approval by the department to slaughter or process fallow
deer until adoption of these regulations.
  (3) The California Constitution requires the state to reimburse
local agencies and school districts for certain costs mandated by the
state.  Statutory provisions establish procedures for making that
reimbursement.
   This bill would provide that no reimbursement is required by this
act for a specified reason.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:


  SECTION 1.  Section 4301 of the Fish and Game Code is amended to
read:
   4301.  (a) Subject to the provisions of this code permitting the
sale of domestically raised game mammals, it is unlawful to sell or
purchase, or transport for the purpose of sale, any deer meat in this
state whether fresh, smoked, canned, or preserved by any means,
except fallow deer meat processed by a slaughterer in accordance with
Chapter 4 (commencing with Section 18650) of, and Chapter 4.1
(commencing with Section 18940) of, Part 3 of Division 9 of the Food
and Agricultural Code, and except that deer meat may be imported into
this state from a foreign country for the purpose of processing
(manufacturing) and selling a product commonly known as venison or
deer jerky or venison or deer salami, properly labeled as such, for
human consumption.  All deer meat imported into this state shall meet
all of the sanitary and inspection requirements for wholesomeness,
except an antemortem inspection, but including a postmortem
inspection, as required for other meat imported for human
consumption.  The deer meat shall be in an identifiable condition and
accompanied by a bill of lading, showing the name of the consignor,
the consignee, and the weight of the deer meat shipped.  A copy of
the bill of lading shall be delivered to the nearest office of the
department either prior to, or not later than, two days from the date
of receipt of the deer meat.  No such deer meat imported into this
state may leave the premises of the original consignee unless written
permission is received from the department, or unless it is
processed into the form of the product commonly known as jerky or
salami.
   (b) As used in this section, "deer" includes any animal of the
family Cervidae.
  SEC. 1.5.  Section 18943 of the Food and Agricultural Code is
amended to read:
   18943.  "Livestock" means any cattle, sheep, swine, and goat, and
pursuant to regulations adopted by the Fish and Game Commission, for
the purposes of Chapter 4 (commencing with Section 18650) and this
chapter, fallow deer (Dama dama) whether alive or dead.
  SEC. 2.  Section 18946 of the Food and Agricultural Code is amended
to read:
   18946.  "Custom livestock slaughterhouse" means a licensed
establishment where:
   (a) Cattle, sheep, swine, or goats are slaughtered and prepared
for the owners of the livestock.
   (b) Fallow deer are slaughtered and prepared for transportation or
sale, or transportation and sale.
  SEC. 3.  Section 18947 of the Food and Agricultural Code is amended
to read:
   18947.  "Meat processing establishment" means a licensed
establishment required to be inspected pursuant to Chapter 4
(commencing with Section 18650) where livestock or poultry products
are prepared by curing, drying, smoking, or rendering, or where
livestock products of swine are cooked, and the products are sold on
the premises to household consumers, and a licensed establishment
where fallow deer products may be prepared for transportation or
sale, or transportation and sale.
  SEC. 4.  Section 18963 is added to the Food and Agricultural Code,
to read:
   18963.  The department, in consultation with the State Department
of Health Services, shall, on or before December 31, 2001, adopt, by
regulations, standards and requirements relating to inspection,
sanitation, facilities, equipment, reinspection, preparation,
processing, buying, selling, transporting, storing, identification,
recordkeeping, registration and labeling, and marking for fallow deer
slaughtered and processed under this chapter. The regulations shall
provide for the safe and humane handling and transportation of the
fallow deer to a state inspected slaughter facility.  No custom
livestock slaughterhouse or meat processing establishment shall be
approved by the department to slaughter or process fallow deer until
adoption of these regulations.
  SEC. 5.  Section 18991 of the Food and Agricultural Code is amended
to read:
   18991.  (a) A licensed livestock meat inspector, in accordance
with regulations adopted hereunder, shall conduct antemortem
examination of each animal to be slaughtered in a licensed
establishment and shall permit the slaughter of apparently healthy
animals and withhold from slaughter all animals suspected, as well as
those plainly showing evidence, of a disease.  Animals so withheld
shall be examined by a department employee who shall order the
disposition of the animal pursuant to the regulations adopted
hereunder.
   (b) The licensed livestock meat inspector shall conduct a
postmortem examination and make dispositions of carcasses and parts
thereof in accordance with regulations adopted hereunder.
   (c) A licensed livestock meat inspector shall conduct a sanitation
inspection before the establishment commences operations for the
day, and make periodic inspections throughout the day.
   (d) The licensed livestock meat inspector shall order the
establishment not to begin operations or to cease operations at any
time that the establishment sanitation fails to meet the requirements
of this chapter and the regulations adopted thereunder, or at any
time any product is not handled, retained, condemned, or disposed of
in violation of this chapter or the regulations thereunder.
   (e) (1) Passed carcasses and parts of cattle, sheep, swine, and
goat shall be stamped by the licensed livestock meat inspector or
under his or her supervision with an approved California
identification number.
   (2) Passed carcasses and parts of fallow deer slaughtered and
prepared for transportation or sale shall be stamped with an approved
mark of inspection.
  SEC. 6.  Section 19000 of the Food and Agricultural Code is amended
to read:
   19000.  Each person, before acting as a licensed processing
inspector in a retail meat processing establishment, shall apply to
the department and receive from the department a license after
passing an examination and a demonstration that shows the applicant's
ability to understand laws and regulations that pertain to meat
inspection and a practical knowledge of all the following:
   (a) Conditions that affect adulteration, misbranding, and
wholesomeness of livestock and poultry products.
   (b) Sanitary meat and poultry processing procedures.
   (c) Sanitation of the facilities and the equipment used in retail
meat processing establishments.
  SEC. 7.  Section 19001 of the Food and Agricultural Code is amended
to read:
   19001.  (a) A licensed processing inspector shall conduct a
sanitation inspection before the establishment commences operations
for the day, and shall make periodic inspections throughout the day.

   (b) The licensed processing inspector shall order the
establishment not to begin operations or to cease operations at any
time that the establishment sanitation fails to meet the requirements
of this chapter and the regulations adopted thereunder, or at any
time any product is not handled, retained, condemned, or disposed of
in violation of this chapter or the regulations thereunder.
   (c) The licensed processing inspector shall direct the application
of the mark of inspection as provided by regulations on products
that are inspected by him or her and found to be wholesome, not
adulterated, and derived from (1) United States Department of
Agriculture inspected carcasses, or (2) fallow deer carcasses at
custom livestock slaughterhouses.
  SEC. 8.  Section 19013 of the Food and Agricultural Code is amended
to read:
   19013.  No person shall operate a meat processing establishment
unless all livestock and poultry products used in processing and to
be sold have been inspected by the United States Department of
Agriculture, fallow deer products have been inspected at a custom
livestock slaughterhouse, or poultry products have been inspected in
accordance with the requirements of Chapter 3 (commencing with
Section 24951) of Part 1 of Division 12 and the processing of the
product is inspected by a licensed processing inspector.
  SEC. 9.  Section 19016 of the Food and Agricultural Code is amended
to read:
   19016.  (a) (1) Except as provided in paragraph (2), all custom
slaughtered livestock carcasses and parts shall be marked in a manner
required by the department to identify the inspected premises and
that the products are not for sale.
   (2) Fallow deer carcasses and parts thereof intended for
transportation or sale shall be marked in a manner required by the
department to identify the inspected premises and to show that the
products have been inspected under this chapter.
   (b) The department shall determine, by regulation, the official
design of the marks that are required by this chapter.
  SEC. 10.  Section 19020 of the Food and Agricultural Code is
amended to read:
   19020.  This chapter does not apply to any of the following:
   (a) Owners who slaughter, on their own premises, livestock of
their own raising where the meat is not for sale, but used
exclusively by the owners, members of the owner's household, the
owner's employees, and nonpaying guests.
   (b) A mobile slaughter operator who provides services to an owner
as specified in subdivision (a) where the slaughter occurs on the
owner's premises and the meat is thereafter transported for the owner
to an establishment for further processing.
   (c) Persons solely engaged in cutting, wrapping, and otherwise
processing farm or custom slaughter livestock or the processing and
sale of fresh meats derived from United States Department of
Agriculture inspected carcasses, except the curing, smoking, and
preparing of cooked or smoked sausages or cooked pork products that
are not exempted under subdivision (b) of Section 18814.
   (d) Livestock slaughter and meat and poultry processing inspected
by the United States Department of Agriculture.
  SEC. 11.  Section 19501 of the Food and Agricultural Code is
amended to read:
   19501.  (a) Cattle, calves, horses, mules, sheep, swine, goats, or
fallow deer, or poultry shall be slaughtered by the methods
prescribed in this section.  No state agency shall contract for,
purchase, procure, or sell all or any portion of any animal, unless
that animal is slaughtered in conformity with this chapter.  This
chapter applies to any person engaged in the business of slaughtering
animals enumerated in this section, or any person slaughtering any
of those animals when all, or any part of, that animal is
subsequently sold or used for commercial purposes.
   (b) All cattle, calves, horses, mules, sheep, swine, goats, or
fallow deer subject to this part, or poultry subject to Part 1
(commencing with Section 24501) of, Part 2 (commencing with Section
25401) of, and Part 3 (commencing with Section 26401) of, Division 12
shall be slaughtered by either of the following prescribed methods:

   (1) The animal shall be rendered insensible to pain by a captive
bolt, gunshot, electrical or chemical means, or any other means that
is rapid and effective before being cut, shackled, hoisted, thrown,
or cast, with the exception of poultry which may be shackled.
   (2) The animal shall be handled, prepared for slaughter, and
slaughtered in accordance with ritual requirements of the Jewish or
any other religious faith that prescribes a method of slaughter
whereby the animal suffers loss of consciousness by anemia of the
brain caused by the simultaneous and instantaneous severance of the
carotid arteries with a sharp instrument.
   This section does not apply to the slaughter of spent hens and
small game birds, as defined by the department by regulation.
  SEC. 12.  No reimbursement is required by this act pursuant to
Section 6 of Article XIIIB of the California Constitution because the
only costs that may be incurred by a local agency or school district
will be incurred because this act creates a new crime or infraction,
eliminates a crime or infraction, or changes the penalty for a crime
or infraction, within the meaning of Section 17556 of the Government
Code, or changes the definition of a crime within the meaning of
Section 6 of Article XIIIB of the California Constitution.
